مبدأ السرعة في القانون التجاري- دراسة مقارنة

"3- The Principle of Speed in Commercial Law –A comparative Study"

The acceleration process is considered a primary concept in the commercial law. Despite of its significant impact on the trade business, it has not been considered in the research literatures as it deserves, either it was literal or procedural. This has led the commercial laws comply with many of its sense in regard to process expedition in the commercial works.
The Iraqi legislator has a contradiction. In fact, they did not mention the acceleration process in the third article, which was devoted to explain the main rules that the trading depends on. In the time that the Jurisprudence law was almost concurred that the reason of commercial law lies in the nature of trade works which characterized with speed and making the civil law does not match with it. On the other hand, the legislator ensures, in some cases, the necessity of acceleration. Also, he exposes his extreme case of applying the process haste in the optimal way. As he states like “most high haste” or “immediately”.
Thus, this study focuses on the legislator’ conduct based on the acceleration process. In addition, to determine the economic and law philosophy that leads the legislator to adopt expedition concept in a work or others. It is worth to mention that there are numerous projects and applications have been effected with the haste precept in different points of the commercial law.
We can see that it has an influence on the law behavior. So, it became capable to be implemented quickly because the usage of such acceleration on the all law pillars such as satisfaction and objective case. Like what in trading, which is influenced also with haste concept. There is exist a speed process in the financial business and stocks, as well as, the business obligations which requires acceleration within its process, which leads in violation of the promotion of civil liability for delay in implementation. Most importantly, the impact of expedition does not stop at hastening the business obligation with execution only, but also it extends to complete the commercial expedition without execution. So, the obsolescence as well as the notifications and warnings are becoming to be executed in shorter time, shortly than its civil counterpart to achieve the stability of commercial transactions
The acceleration role does not stop at such limit features, but it has extended to include the litigation procedures of the commercial cases. So, the specialized commercial justice was found to achieve many aims that the haste comes first and foremost in the process. In addition, the commercial justice was surrounded with many factors that strive to achieve such a goal. The speed’s role is not limited on achieving the legal disputes, but it has vital role to settle such disputes by alternative manners.